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(영문) 대구지방법원 김천지원 2014.11.05 2014고단965
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is a person engaging in driving a BF rocketing car.

Around 12:00 on August 3, 2014, the Defendant driven the said car without obtaining a driver’s license, and led to driving the mountain ginseng distance in the Si/Gu-Eup Kimcheon-si from the old-si to the Kimcheon-si.

In such cases, a person engaged in driving service has a duty of care to care in preventing accidents by accurately manipulating the steering and brakes well, and accurately manipulating the steering and brakes.

Nevertheless, the Defendant was negligent in neglecting this and proceeding as it was, and the Defendant was found to have been driving the victim C(28 years old) who was stopped for the signal waiting at the front of the Defendant’s car, followed the part of the victim C(28 years old) who was parked in the front of the vehicle.

The Defendant, due to the above occupational negligence, sustained injury to the victim C of light c, which requires two-day medical treatment, injury to light cirratulation, which requires two-day medical treatment to the victim E (V, one year old) of the victimized passenger car, and injury to light cirratulation of light cirrative signboards requiring six-day medical treatment to the victim F (F, 28 years old), respectively.

2. Violation of the Road Traffic Act (unlicensed Driving) was driven by the Defendant without obtaining a driver’s license from the front of the dormitory of Abex company located in the Gu-U.S., Sim-si, Sim-si, to the place of accident stated in approximately 25 km km.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A criminal investigation report (referring to submission of a medical certificate);

1. Application of the statutes on the register of driver's licenses;

1. Article 3 (1) and the proviso of Article 3 (2) of the Act on Special Cases concerning the Handling of Traffic Accidents by Relevant Acts concerning criminal facts, Article 268 of the Criminal Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty;

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